Clara L. Prevo - Page 4

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               On March 31, 2004, the bankruptcy court dismissed                      
          petitioner’s bankruptcy case.  On May 24, 2004, petitioner filed            
          an amended petition with the Court.                                         
               On August 4, 2004, respondent filed a motion to dismiss for            
          lack of jurisdiction.  Respondent contends that the Court lacks             
          jurisdiction because the petition was filed with the Court in               
          violation of the automatic stay imposed under 11 U.S.C. sec.                
          362(a)(8).  On August 18, 2004, petitioner filed a response in              
          opposition to respondent’s motion to dismiss.                               
          Discussion                                                                  
               The Tax Court is a court of limited jurisdiction, and we may           
          exercise our jurisdiction only to the extent authorized by                  
          Congress.  Naftel v. Commissioner, 85 T.C. 527, 529 (1985).  Our            
          jurisdiction in a collection review proceeding brought pursuant             
          to section 6320 generally depends upon the issuance of a valid              
          notice of determination and a timely filed petition.  See Sarrell           
          v. Commissioner, 117 T.C. 122, 125 (2001); Offiler v.                       
          Commissioner, 114 T.C. 492, 498 (2000).                                     
               This case presents an issue of first impression, whether the           
          bankruptcy automatic stay under 11 U.S.C. section 362 (2000)                
          bars the commencement of a proceeding with the Court pursuant to            
          the collection review procedures established under section 6320.            









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